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Murder charge may be dismissed
YOUNGSTOWN
A judge’s exclusion of a defendant’s statement to police and an appeals- court ruling to suppress physical evidence in a murder case may force prosecutors to dismiss the case.
The 7th District Court of Appeals ruling that evidence gathered for the case against Ryan McGee is inadmissible in his trial because police didn’t have probable cause to arrest him puts the prosecution in that position, acknowledged Rebecca Doherty, chief of the criminal division in the Mahoning County prosecutor’s office.
“I don’t know if there’s anything left at the end of the day to try him with that hasn’t been suppressed,” Doherty said.
It’s unlikely the prosecution will appeal to the Ohio Supreme Court, she said, adding that the prosecution will likely either seek to dismiss the case without prejudice or take McGee, 26, of Superior Street, to trial in the Feb. 21, 2009, fatal shooting of Melkanoe Bowman on the city’s North Side.
A dismissal without prejudice means the case can be refiled if prosecutors receive more evidence.
“We’re taking a good look at it. We’re inviting anyone that would have additional information to come forward,” said County Prosecutor Paul J. Gains. “If somebody comes forward with additional evidence, we will revisit this case,” if it is dismissed without prejudice, he added.
Bowman, 24, of Homewood Avenue, was fatally shot in the head inside 946 Delaware Ave., and a 6-year-old boy at 945 Delaware survived being shot in the foot as he slept.
Police found no suspects at the scene, but McGee and his cousin and co-defendant, Keilan Clinkscale, suffered gunshot wounds and arrived at ValleyCare Northside Medical Center shortly after the shootout.
Both said they’d been shot on the South Side, but police had no reports of any South Side shooting that night.
Police determined through their investigation that Clinkscale, 24, of Coronado Avenue, and Bowman had an ongoing feud.
Clinkscale pleaded guilty to a reduced charge of reckless homicide; and Judge John M. Durkin of Mahoning County Common Pleas Court sentenced him in April 2012 to three years in prison.
On the night of the homicide, police took McGee’s clothes and shoes and took him to the police station, still dressed in his hospital gown, according to the summary of events in last month’s appeals court decision, which was unanimously rendered by a three-judge panel.
When the interview began, police performed a gunshot residue test on McGee’s hands without asking for his consent; and Detective Sgt. Darryl Martin formally arrested him at the end of the interview.
Judge Durkin granted a defense motion to exclude the GSR test and any evidence stemming from the seizure of McGee’s shoes and clothes from his trial. The county prosecutor’s office appealed that ruling, and the appeals panel upheld Judge Durkin’s decision.
Judge Durkin had earlier granted a defense motion to exclude McGee’s statement to police from evidence on the grounds that the statement was not voluntarily given, with a police officer threatening to jail him if he didn’t tell the truth.
Judge Durkin observed that McGee had been treated for multiple gunshot wounds and intravenously been given the painkillers, morphine and Vicodin, at the hospital. During the videotaped interview, McGee repeatedly complained of pain, said the pain medications affected his ability to think clearly, repeatedly placed his head on the table and appeared to doze off, the judge observed.
The prosecution did not appeal the judge’s decision to suppress that statement.
Doherty surmised that Judge Durkin’s decision to suppress the statement wasn’t appealed because one of her subordinates didn’t believe the prosecution would prevail on that appeal, but did believe the prosecution could prevail in a trial by using evidence from the GSR, shoes and clothes, which Judge Durkin hadn’t yet excluded.
However, Doherty said she wasn’t sure which of her subordinates might have come to that conclusion.
City Police Chief Rod Foley could not be reached to comment concerning the conduct of his officers.